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Looking for this blanket pattern


brenna

Question

Hi Everyone I am looking for this pattern. This was posted on the Red Heart site on Facebook. I called Red Heart and it is not one of their patterns. Have you seen this pattern anywhere? If you have could you tell me where I might buy the pattern? This is just such a georgeous baby blanket and I just have to have the pattern. By the way about four or five hundred more people would appreciate your sharing where to get it too. So if you have seen this pattern somewhere please please let me know.

 

Thanks in Advance

brenna

 

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I stand by original opinion-"NO ONE CAN OWN A THOUGHT".

 

As far as "respecting the right to have people not discuss the afghan"?????? Surely you are kidding!!! Does that mean when we are at a covered dish dinner we shouldn't ask for or discuss the recipes??? Please, spare me!

 

Nope, I am not kidding at all. I do respect her right to ask that. I respect the fact that she has a design that is hers alone and she can do whatever she wants with it. A couple of times I have come up with a cute FO and gotten an inquiry as to whether I would write up a pattern. But sometimes I wouldn't be able to exactly duplicate the FO myself, and sometimes I could but i really did not feel like expending the energy to write up a pattern and be sure I had everything correct so that others could easily follow it. I've taken a stab at writing up a pattern a couple of times and it is darn hard work for me. I've never come close to making anything that people were clamoring for lol, but my point is that I can relate to the feeling that it's OK for a creator to choose not to write up and share a pattern, and to tell people "no" when they ask.

 

I also think there is something about the lure of the unattainable. If a beautiful pattern is readily available, I file away the information and think, yeah I like that, i might buy the pattern someday. If I can't find something easily I start hunting for it and the harder it is to find, the more focused I become on finding it. In this case, a lot of people became involved in the hunt.

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So can we get an expert opinion from Amy here? I don't know that a stitch is copyright-able (is that a word?), and I agree that a stitch really can' t be kept "proprietary". I ordered the Jessie Aburlach book from Amazon today and when I get it I will see if that is the same stitch. If it is, is it going to be okay for me to use that pattern?

 

Please read my previous post for Crochetville's take on this issue.

 

Others are correct that it is very possible for people to come up with similar ideas without ever having seen each other's work. If Lucyf had come up with her patterns completely on her own, without making an attempt to duplicate the baby blanket everyone loves so much, then there would be no issue of copyright infringement at all if she published her pattern.

 

We have no evidence that Jessie Aburlach has ever seen this baby blanket in question. Without evidence to the contrary, we must assume that the patterns in her book are her own original creations. Which means that yes, it's definitely okay for you to make things from Jessie's pattern.

 

If varietyshoppingstore were to believe that Jessie was infringing upon her copyright, she would have to take that issue up with Jessie and her publisher.

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was over on ehow.com looking and accidentally (no i did not type in anything about this quest, but by following links from 1 thing to another... found this). it's a stitch combination called "shells and lace" which has some similarities to the stitch pattern (my brain is thinking to combine w/ a diff row of somefin to get the shell look). as for a pattern, knock yourselves out, if you like it, to making 1 . now back to more hunts for gator stitch :D

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I believe that Jessie Aburiach died several years ago my mother gave her complete collection of her books when she passed away. I have seen some already publish patterns that are so similar to this blanket to on EBay.

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Lucy, your blankets are to die for! They are actually prettier than the one mentioned in the first post and soooo different! Love them! TFS!

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Try looking for Snow Queen Shawl. This is very similar & the closest I could find. I have been looking for over a year and no luck on the pattern. I admire Lucyf for her endeavors. If only I had such talent. I need a pattern to make anything. Please remember the blanket looks like it was done on a diagonal. Starting with one shell, then two shells, etc until you reach the width then decreasing all the way down to one shell- then the border is added.

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I stand by original opinion-"NO ONE CAN OWN A THOUGHT".

 

As far as "respecting the right to have people not discuss the afghan"?????? Surely you are kidding!!! Does that mean when we are at a covered dish dinner we shouldn't ask for or discuss the recipes??? Please, spare me!

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It is fine to discuss the baby blanket, within certain parameters.

 

You can talk in general about how it appears to be constructed: such as corner-to-corner. You can provide links to existing patterns that have a similar look. If you find similar patterns in stitch dictionaries, you can provide information about where to find those patterns.

 

What you can't do is provide detailed instructions about how someone could reverse-engineer the pattern to make it for themselves. You can't encourage others to try to make a pattern that would be a very close approximation of the eBaby baby blanket.

 

If someone has the skills to duplicate the blanket for their own personal use, that is perfectly fine. But you won't be able to share the details on how you did it to enable others to do the same thing.

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hmmm...does that means we don't have a right to free speech on the forum?

 

Technically, the concept of "free speech" does not apply to forums at all. (That whole concept deals with the government not being able to prevent its citizens from speaking freely.)

 

Forum owners definitely have the right to set boundaries for what is acceptable speech on their sites.

 

I'm not sure if your comment was directed to me or to someone else who has posted in the thread. If anyone has concerns about Crochetville's guidelines and what we do or do not allow to be discussed on the forum, this thread is not the place for those questions. (This thread should remain focused on the baby blanket.) Anyone with concerns about our guidelines is welcome to contact me via PM. I'll be very happy to talk about things with you. :)

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Just to clarify Crochetville's take on this issue: It is a fact under US copyright law that stitch patterns cannot be copyrighted. It may technically be within the bounds copyright law for someone to look at a picture of a finished item that can be classed as a useful article (and therefore excluded from some protections afforded by copyright law) and then create their own pattern for something similar. However, we are not attorneys and are not qualified to give legal advice as to whether any such patterns would or would not involve copyright infringement.

 

Lucyf, if you ever decide you want to distribute the patterns you've created, I would definitely recommend you enlist the services of an intellectual property attorney who is well-versed in copyright laws as applied to the fiber arts.

 

All legalities aside, Crochetville has our own forum guidelines that go beyond what might be allowed by copyright law. We don't have any problem when someone wants to recreate something created by another party and keep it for their own personal use. However, we do not believe it is right to try to create a written party that is an attempt to duplicate an already existing work, and then distribute your own pattern for that design (whether for free or for sale).

 

Lucyf, we appreciate very much that you have said you would not post any pattern you create for this baby blanket until and unless you've been able to work out all the copyright issues. To clarify for everyone reading this thread, under our guidelines, there are only two instances in which the pattern could be posted here at Crochetville. The pattern could be posted if Lucyf had written permission from the original designer (varietyshoppingstore) to distribute your pattern. Varietyshoppingstore has chosen not to grant permission. So the only other way we could allow the pattern to be posted is if Lucyf had an official written statement from an attorney stating it is their legal opinion that there is no copyright infringement involved with the distribution of the new pattern. I would need a the attorney to send me a copy of that statement for my legal files, as that would show that Crochetville was acting in good faith and doing our best to follow copyright law. (The above restrictions apply not only to posting, but distributing the pattern in any other way, such as via PMs or email, or posting a link to where it might be available on some other site.)

 

If we had the attorney's legal opinion and the pattern were posted here, varietyshoppingstore could still believe the pattern was infringing upon their copyright. In that event, they would submit to us a Notice of Infringement, as required by the Digital Millennium Copyright Act.

 

Upon receipt of that notice, Crochetville would be required by law to remove the pattern. We would also be required to forward the Notice of Infringement to Lucyf. If Lucyf and her attorney still believe that no infringement is taking place, they would file a Notice of Non-Infringement, again as required by the Digital Millennium Copyright Act.

 

Crochetville would forward a copy of the Notice of Non-Infringement to varietyshoppingstore. Crochetville would then wait 10-14 business days for notification that varietyshoppingstore has filed a lawsuit against Lucyf for copyright infringement. If such notice is received, the pattern is not returned to the forum until the lawsuit has been resolved. If 10-14 business days pass, and Crochetville does not receive word that a lawsuit has been filed, then we would be required by law to return the pattern to the forum.

 

Before filing a Notice of Infringement or Notice of Non-Infringement, the person filing should be very sure that the claims they are making are indeed true. Both forms are filed under penalty of perjury that the claims are being in good faith. There can be stiff financial penalties for filing false Notices.

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I will admire, discuss, and yes ask for any pattern that I like. Just as the designer has the right to not share a pattern, I have the right to ponder and muse and yes, even to give it a try if I wish. If you re-read the entire thread you will see that the origianl pattern was asked about BUT it was Lucy's similar pattern that was talked about being shared-not the original pattern! If someone does not wish to share a pattern thats fine but you cannot demand that people don't talk about your pattern no more than you can ask people not to talk about a recipe.

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Now that I've clarified what can and can't be discussed regarding this pattern, let's please move on beyond that part of this discussion. Regardless of what anyone else has said, people should feel free to post whatever they like, as long as it fits the clarifications I've provided. :)

 

I don't want to have to close this thread, but if back-and-forth bickering continues, I will. No more arguing about what can and can't be discussed please.

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Nope, I am not kidding at all. I do respect her right to ask that. I respect the fact that she has a design that is hers alone and she can do whatever she wants with it. A couple of times I have come up with a cute FO and gotten an inquiry as to whether I would write up a pattern. But sometimes I wouldn't be able to exactly duplicate the FO myself, and sometimes I could but i really did not feel like expending the energy to write up a pattern and be sure I had everything correct so that others could easily follow it. I've taken a stab at writing up a pattern a couple of times and it is darn hard work for me. I've never come close to making anything that people were clamoring for lol, but my point is that I can relate to the feeling that it's OK for a creator to choose not to write up and share a pattern, and to tell people "no" when they ask.

 

I also think there is something about the lure of the unattainable. If a beautiful pattern is readily available, I file away the information and think, yeah I like that, i might buy the pattern someday. If I can't find something easily I start hunting for it and the harder it is to find, the more focused I become on finding it. In this case, a lot of people became involved in the hunt.

 

 

I'm not so sure that the design is hers alone. My afghan is based on a pattern stitch that has been around forever, made into everything imaginable, from afghans, doilies ,shawls, sweaters, tops, to tablecloths,etc.with just a little tweek. I really think most people could see how this is made if they could just get over the fact that this is not anything new. The tweek is in a pattern stitch booklet published right here in the good old USA. So definitely not new or unique. So I believe what we have here is just a combination of a couple of well known and tried and true stitches. Which is what I see when I look at all the shell stitch patterns, ripple, granny square, tunisain, or any other pattern. And really what makes her pattern so unique? That's made from the corner? I don't think so. Serveral other patterns running around out there made like that. Color? Size? I'm actually surprised that anyone can get any pattern copyrighted.

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Thanks for that Lucy. I was not being argumentative just stating facts. As the old saying goes "imitation is the sincerest form of flattery" and no one can own a thought.

 

Amy, I m sorry you mistook opinions for arguing, it wasn't that at all. It is one of the most precious rights Americans have is freedom of expression. My dearest older friend is from Gdansk, Poland and lived under communism. She lives here now and is always in awe of the freedom we have to discuss, express, argue.....without retribution

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So much has been said on this that anything I say at this point would be just a repeat- Yes a start point on the pink shells from variety would have been great and LucyF I would buy your patterns in a heart beat - I have enjoyed the hunt and posts even got enough patterns and ideas for the next 200 years and join a few new groups and made some new friends on facebook so going to finish some WIP's and move on

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Last request: no more talking about freedom of speech issues and what can and cannot be posted in this thread. Please don't make me have to close this thread.

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I stand by original opinion-"NO ONE CAN OWN A THOUGHT".

 

As far as "respecting the right to have people not discuss the afghan"?????? Surely you are kidding!!! Does that mean when we are at a covered dish dinner we shouldn't ask for or discuss the recipes??? Please, spare me!

 

Careful! I got my post deleted for making this sort of comment:P I don't understand how people can not be flattered that everyone loves there items! Seems like a compliment to me but what do I know:manyheart

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General reminder to everyone: Please do not refer to administrative decisions (having posts edited to remove parts that don't comply with our guidelines or having posts deleted) on the forum. Jenni, I need to correct the impression you have given everyone. Posts are deleted when there is an issue with our guidelines. There is nothing in totalrealtor's post that violates our forum guidelines, so it does not need to be deleted. When I deleted your post, I sent you a PM telling you why. If you want to discuss that further, please respond to my PM.

 

From our guidelines:

 

Questions/Concerns About the Guidelines?

Administrative decisions should not be discussed/debated within forum threads as that is very derailing behavior. If you have questions or concerns about any of our guidelines, policies, or administrative decisions, please send me a PM. If you're not sure whether what you want to post complies with the guidelines, please send me a PM and ask before posting. I'll be happy to talk with you privately about any of these issues.

Since I keep having to come back to this thread over and over due to issues with our guidelines, I'm now going to close it.
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I have been doing some copyright law research. I do not believe that this is even a copyright issue because the ebayer has not written the pattern. It is only an idea floating around in her head.

 

Jenni, I confirmed earlier the issue goes beyond copyright laws and is mainly focused on our forum guidelines: we do not allow people to reverse engineer an item crocheted by another (whether from a published source of which we're aware or not), and then post a pattern that is meant to be a close approximation or duplicate of that particular item.

 

Just wanted to clarify that before closing the thread.

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